Moore v. State, 673 A.2d 171 (Del. 1996)

Cases | Moore v. State, 673 A.2d 171 (Del. 1996) | 2018

The defendant was convicted of burglary in the second degree and conspiracy in the second degree, but was found not guilty of felony theft and criminal mischief. The defendant’s co-conspirator pled guilty to theft. The trial court ordered the defendant to pay restitution for stolen items. On appeal, the defendant claimed that: (1) the trial court erred in ordering restitution for stolen items when the defendant was acquitted of theft; and (2) the defendant was denied due process of law because no hearing was held to determine the accuracy of the amount of restitution. The supreme court held that: (1) restitution was properly ordered for stolen items. A defendant may be ordered to make restitution on the basis of acts of a co-conspirator; and (2) the defendant was barred from raising a due process challenge because the issue was not raised in the trial court case. For purposes of future cases, the court noted that the defendant was not denied due process because the trial court considered and rejected his objection to the method of calculation. The defendant was due no greater procedural protection.